09 NCAC 06B .1106          ORDER FOR PREHEARING STATEMENTS

The hearing officer may serve all parties with an order for prehearing statements together with, or after service of, the notice of hearing.  Every party thus served shall, within 30 days after service, file the requested statements setting out the party's present position on the following:

(1)           The nature of the proceeding and the issues to be resolved;

(2)           A brief statement of the facts and reasons supporting the party's position on each matter in dispute;

(3)           A list of proposed witnesses with a brief description of their proposed testimony;

(4)           A description of the discovery, if any, the party will seek to conduct prior to the contested case hearing and an estimate of the time needed to complete discovery;

(5)           Venue considerations;

(6)           Estimation of length of the hearing;

(7)           The name, address, and telephone number of the party's attorney, if any; and

(8)           Other matters permitted under Article 3A of Chapter 150B.

The prehearing statement shall not be used to amend the original protest or to establish jurisdiction not previously established by the protest or request for hearing.

History Note:        Authority G.S. 147-33.76(b1); 150B-38(h);

Temporary Adoption Eff. January 1, 2000;

Eff. August 1, 2000;

Recodified from 09 NCAC 06B .1014 Eff. March 19, 2008;

Amended Eff. September 1, 2013;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 25, 2015.